March 3, 2015

Lord's Amendments 17, 35, and 36 - May 7, 2014

On
May 7, 2014, the House of Commons accepted Amendment 3/New Clause 66, now called Amendments 17, 35 and 36. These three amendments were voted into the Immigration Act 2014. Finally!!! Such an amazing and joyous day, and I can't thank those enough who helped us along the way to achieve what we had been fighting decades to have.

James Brokenshire: Lords
Amendments 17, 35 and 36, which were proposed by Lord Avebury in the
other place, correct an historical anomaly relating to the treatment of
illegitimate children. Nationality law is complex, and anomalies arise,
particularly as aspects of family life have changed since the time of
the British Nationality Act 1981. In 2006, amendments to the 1981 Act
enabled illegitimate children to inherit nationality from a British
father in the same way as a legitimate child. Those amendments were not
made retrospective. To have done so could have itself caused problems
for individuals who were now adult and had made a life for themselves in
a different nationality. These amendments enable illegitimate children
born to British fathers before 2006 to register as British if they
choose to do so, correcting a historical anomaly by providing a route to
citizenship for those who want to take it.

Dr Huppert: I thank the Minister for the Government’s support for these amendments,
which I tried to put in the Bill but encountered some technical
difficulties. Will he join me in paying tribute to those who campaigned
for many years to get this injustice changed? People such as Tabitha
Sprague, Antonia Fraser Fujinaga and Maureen Box tried very hard, and
the many thousands affected by this will be delighted that the
Government are now fixing it.

James Brokenshire: I recognise those who have made the case for this change for some
considerable time, and I am pleased that the Government have been able
to support these amendments in the other place. I hope that this House
will be equally able to support them here.
It is important to recognise that they have addressed an historical
anomaly and now allow that opportunity to the individuals affected of a
route to citizenship that was not available to them before.

Fiona Mactaggart: The Minister rightly says that we are dealing with an historical
anomaly, and that makes the case for introducing this part of the Bill
and commencing it as early as possible. I hope that he can assure the
House that he will put his foot on the accelerator to do that, because
my constituent whose case prompted Lord Avebury to table these
amendments is still stuck in limbo and, like other people, he would like
to be able to remedy his situation.

James Brokenshire: I am grateful to the hon. Lady for that and I have certainly heard the points she has made.